Explanatory Statement
Issued by the Authority of the Attorney-General
Telecommunications (Interception and Access) Act 1979
Telecommunications (Interception and Access) (Emergency Service Facilities –Queensland) Instrument 2007
The Telecommunications (Interception and Access) Act 1979 (the Act) establishes a general prohibition against the interception of communications passing over a telecommunications system. The purpose of the Instrument is to ensure that listening to or recording calls to and from a declared emergency service facility is not an interception for the purposes of the Act.
Subsection 6(2F) of the Act provides that a person who is lawfully engaged in duties relating to the receiving and handling of communications to or from an ‘emergency service facility’ may listen to or record a communication to or from the emergency service facility without contravening the general prohibition against interception.
The exception provided by subsection 6(2F) of the Act only applies to emergency services facilities that are declared by the Minister pursuant to subsection 6(2B) of the
Act. To protect against the publication of the location of the facilities, which are critical infrastructure, a declaration under subsection 6(2B) of the Act is not a legislative instrument.
To maintain Parliamentary scrutiny of the declarations, subsection 6(2D) of the Act provides that the Minister must, by legislative instrument, specify the name of the force or service operating the premises to which the declaration relates, and the geographical region in which those premises are located.
In December 2005, the Attorney-General, as Minister administering the Act, made the Telecommunications (Interception) (Emergency Service Facility) Declaration 2005 and eight corresponding legislative instruments. On further consideration, a single declaration has caused significant complexity with amendments.
Consequently, the Attorney-General has now made eight separate declarations and eight separate corresponding legislative instruments. This will facilitate the ease of future amendments, which for operational reasons, will always need to be made urgently.
The Telecommunications (Interception and Access) (Emergency Service Facilities –Queensland) Instrument 2007, is made under subsection 6(2D) of the Act. The related declaration, the Telecommunications (Interception and Access) (Emergency Service Facilities- Queensland) Declaration 2007, is made under subsection 6(2B) of the Act.
Material changes to the declared facilities in Queensland since the previous instrument was made include the removal of the Ipswich address of the Ipswich Police Communication Centre, replaced by a Yamanto address, and the addition of the Roma Police Communications Centre at a Roma address.
This instrument commences on the day after it is registered.
Overview
The Telecommunications (Interception and Access) (Emergency Service Facilities –Queensland) Instrument 2007 was enacted to provide clarity and flexibility in the management of emergency service facilities in Queensland under the Telecommunications (Interception and Access) Act 1979. This Act, enacted by the Australian Parliament, primarily establishes a prohibition on the interception of communications passing over a telecommunications system, with the intent to safeguard privacy and communication integrity. However, the 1979 Act includes provisions that allow for lawful interceptions under specific circumstances, including when personnel are engaged in duties relating to emergency services. The 2007 Instrument serves to ensure that the monitoring of communications to and from declared emergency service facilities does not contravene the Act's general interception prohibition. By specifying the force or service operating the premises and the geographical region, the Instrument facilitates both operational needs and parliamentary oversight, aiming to balance the imperatives of emergency response with statutory compliance and privacy protection.
Scope and Application
The Telecommunications (Interception and Access) Act 1979 applies to all persons and entities within Australia, prohibiting the interception of communications passing over a telecommunications system without proper authorisation. This Act extends to telecommunications conducted within the Commonwealth, states, and territories of Australia. The Act also includes provisions that allow for the lawful interception of communications under specific circumstances, such as when a person is engaged in duties relating to the receiving and handling of communications to or from an emergency service facility, as outlined in subsection 6(2F). The geographical scope of this Act is nationwide, and it applies to all telecommunications conducted within Australia’s jurisdiction. The Act’s provisions are further defined and clarified through legislative instruments, which are used to declare specific emergency service facilities and specify the regions they cover. The Telecommunications (Interception and Access) (Emergency Service Facilities –Queensland) Instrument 2007 is one such instrument, detailing specific emergency service facilities in Queensland and the regions they serve, thereby facilitating lawful monitoring and recording of communications related to these critical infrastructure sites.
Key Provisions
The Telecommunications (Interception and Access) (Emergency Service Facilities –Queensland) Instrument 2007 (the Instrument) provides exceptions to the general prohibition on telecommunications interception as outlined in the Telecommunications (Interception and Access) Act 1979 (the Act). Specifically, subsection 6(2F) of the Act allows for lawful engagement in duties relating to the receiving and handling of communications to or from an emergency service facility without contravening the prohibition against interception. This exception is contingent upon the facility being declared by the Minister under subsection 6(2B) of the Act. The Instrument itself, made under subsection 6(2D) of the Act, specifies the name of the force or service operating the premises and the geographical region in which those premises are located, to maintain parliamentary scrutiny while protecting the critical infrastructure from public disclosure.
The Instrument imposes obligations on personnel lawfully engaged in duties relating to the emergency service facilities. These personnel must adhere to the legal framework set forth in the Act and the Instrument. This includes ensuring that any interception of communications is solely for the purpose of handling communications to or from the declared emergency service facilities and must be conducted within the scope of their lawful duties. Additionally, the Instrument necessitates that any recordings or listening to communications must be strictly related to the operational requirements of the emergency services.
There are significant consequences for breaches of the Act or the Instrument. The Act outlines various offences, including unauthorised interception of telecommunications, which can lead to substantial penalties. For example, individuals found guilty of unauthorised interception may face imprisonment for up to five years, fines, or both. Additionally, entities may face financial penalties for breaches, with the specific amounts not detailed in the explanatory statement but typically aligned with the severity of the breach and the potential harm caused. It is imperative for entities and individuals to comply with the legislative requirements to avoid these civil and criminal repercussions.